Multistate Bar Exam Criminal Law 3

Question 1

A defendant takes a car from a parking lot believing it to be his own car, which looks identical. He is charged with larceny. Which defense applies?

Accepted Answer

Mistake of fact negating intent to steal

Answer

A genuine mistake of fact negates the specific intent to steal required for larceny, as the defendant honestly believed the property was his own.

Question 2

A defendant enters a building through an unlocked door, intending to commit theft inside. Under common law, is this burglary?

Accepted Answer

No, because there was no breaking

Answer

Common law burglary requires a 'breaking,' which means creating or enlarging an opening; walking through an unlocked door does not satisfy this element.

Question 3

A defendant shoots at A intending to kill him, but misses and kills B. Which doctrine allows the defendant to be charged with murdering B?

Accepted Answer

Transferred intent

Answer

Under the transferred intent doctrine, the defendant's intent to kill A transfers to the unintended victim B, making him liable for B's murder.

Question 4

A defendant is prosecuted for attempted rape. He argues that he voluntarily stopped before completing the act. Under the MPC, is voluntary abandonment a defense to attempt?

Accepted Answer

Yes, if the abandonment was voluntary and complete

Answer

Under the MPC, voluntary and complete renunciation of criminal purpose after a substantial step is taken is an affirmative defense to attempt.

Question 5

Which of the following is NOT a required element of common law larceny?

Accepted Answer

Use of force or threat

Answer

Common law larceny does not require force or threat; robbery requires force or threat, but larceny is a taking without force.

Multistate Bar Exam Practice Test

Multistate Bar Exam Practice Test

Multistate Bar Exam Criminal Law 3